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SoA/DCI Lawsuit Update


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3 hours ago, FormerXyloWhiz said:

It also occurs to me that if what Spirit is alleging is true and if she signed the member contract herself, as a minor, rather than her parents, that contract is null and void. 

This seems to be the case for minors. I was digging around and this is what I found for minors who sign an NDA or other contract. Taken from a legal website. It's a bit general and I am sure there are more specific notes on this. 

 

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Can a minor sign an NDA?

The moral of the story here is that, yes, minors can sign NDAs. However, short of a few instances wherein a minor has full legal capacity to cement the enforcement, the contract is voidable by the minor, leaving you vulnerable and with very few remedies if the minor breaches or otherwise voids the contract.


Is a contract with a minor enforceable?

A minor has the right to opt out of a contract, even if the other party is an adult and is bound by the terms. Therefore, from the minor's perspective, a contract in most instances is a good faith agreement but not a legally enforceable one. 

 

 

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59 minutes ago, jwillis35 said:

This seems to be the case for minors. I was digging around and this is what I found for minors who sign an NDA or other contract. Taken from a legal website. It's a bit general and I am sure there are more specific notes on this. 

 

 

How would SoA not know her age?  Aren’t MMs required to produce a birth certificate?  

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1 hour ago, LabMaster said:

My questions then are;

Is there any contract language DCI (the org) requires to be included in each corps contract docs?

None whatsoever.

 

1 hour ago, LabMaster said:

Does each corps generate their own individual contracts?

Yes, and at least at the Open level, there really was zero communication between groups about it.

 

1 hour ago, LabMaster said:

If a minor is being contracted, and parental/guardian docs are required, how is that verified that the signs are legit?

They are not notarized or anything like that.  We had minor and parent both sign.  We'd generally send the contract to the mm's email and cc'd the parent/guardian.  Or we just handed a paper copy to the parent. 

 

1 hour ago, LabMaster said:

Does anyone have a contract available to see?  I’d love to read through one or more. I’d love to see the clauses that tie other docs or agreements to a contract.

I can try to dig out the one my DCI group used,

-Mike

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1 minute ago, IllianaLancerContra said:

How would SoA not know her age?  Aren’t MMs required to produce a birth certificate?  

DCI requires age verification, which usually means either birth certificate, ID or DL.  I maintained those files for the years I was there, and I don't remember having anyone that couldn't produce those.  We submitted our roster to DCI, who then had the ability to require us to provide proof on anyone at any time.  DCI also used those rosters to generate member passes for the season.  

Where things got really weird is for kids who joined *after* the tour started; AFAIK, there was no really concrete way to update the DCI roster, and they wouldn't give you extra credentials later on.  

-Mike

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50 minutes ago, MikeN said:

 

They are not notarized or anything like that.  We had minor and parent both sign.  We'd generally send the contract to the mm's email and cc'd the parent/guardian.  Or we just handed a paper copy to the parent. 

 

 

I remember notarizing a whole bunch of Girl Scouts forms for the whole troop (correct term?) in Okinawa when daughter (age 6-ish) joined.  Military officers are authorized to act as notaries  This was 1993 or so. 

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3 hours ago, MikeN said:

None whatsoever.

 

Yes, and at least at the Open level, there really was zero communication between groups about it.

 

They are not notarized or anything like that.  We had minor and parent both sign.  We'd generally send the contract to the mm's email and cc'd the parent/guardian.  Or we just handed a paper copy to the parent. 

 

I can try to dig out the one my DCI group used,

-Mike

Thank you very much.

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3 hours ago, MikeN said:

DCI requires age verification, which usually means either birth certificate, ID or DL.  I maintained those files for the years I was there, and I don't remember having anyone that couldn't produce those.  We submitted our roster to DCI, who then had the ability to require us to provide proof on anyone at any time.  DCI also used those rosters to generate member passes for the season.  

Where things got really weird is for kids who joined *after* the tour started; AFAIK, there was no really concrete way to update the DCI roster, and they wouldn't give you extra credentials later on.  

-Mike

Heck even when I marched they had a notebook of them that we traveled with.  

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22 hours ago, scheherazadesghost said:

I hope they do one day. Such an agreement, if it exists, would be best described as nauseating, mortifying and despicable... and those who created it should be ashamed of themselves and publicly known.

Looks like the Hales-SOA/DCI case might give us a first glimpse of what such a challenge might look like. I wish McKenzee and her support circle strength.

it's been what a decade? and given all that has come out the last few years, i'd imagine things would have come out by now

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Posted (edited)
6 minutes ago, Jeff Ream said:

it's been what a decade? and given all that has come out the last few years, i'd imagine things would have come out by now

It took me nearly twenty years, and others longer. Still others never come out. Nothing predicts the length of time it takes for victims to step forward, especially if we're talking about cases in which victims were legal adults but still unable to technically give consent within a glaring power differential.

However, that's not the situation at hand. McKenzee is clearly more brave sooner in her life than many of us, but that still may not be enough to influence others. I'd love to be wrong.

Edited by scheherazadesghost
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